42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Walker v. A.L. Lockhart
  713 F.2d 1378· 8th Cir.· 1983-08-11 ·cited 5×
  The court held that the undisputed evidence showed the inmate faced an unusually high risk of physical danger in the Arkansas prison system, entitling him to serve his sentence outside of Arkansas.
• Lopez v. City OF Austin
  710 F.2d 196· 5th Cir.· 1983-07-25 ·cited 5×
  The court held that the employee failed to demonstrate a City custom or practice of discrimination and failed to show personal involvement by the supervisor, thus he is not entitled to relief under § 1983.
• S. Coop. Dev. Fund v. Driggers
  527 F. Supp. 927· M.D. Fla.· 1981-12-03 ·cited 5×
  The court held that the county's denial of the plat application under new regulations, when it complied with old regulations, violated due process, and that the county's counterclaim was permissive and dismissed.
• Burstein v. The State BAR OF Cal.
  659 F.2d 670· 5th Cir.· 1981-10-21 ·cited 5×
  The court held that the California Bar's contacts with Louisiana were insufficient to establish personal jurisdiction under the minimum contacts test, and thus the district court did not err in dismissing the case.
• Bentley v. Beck
  625 F.2d 70· 5th Cir.· 1980-08-28 ·cited 5×·via 42 U.S.C. § 1983 Action
  Prison officials cannot deny job assignments solely based on race, even within a prison setting.
• Waters v. ST. Francis Hosp., Inc.
  618 F.2d 1105· 5th Cir.· 1980-06-09 ·cited 5×
  The court held that Florida Statute § 395.065, which merely authorizes private hospitals to suspend staff privileges for good cause, does not constitute 'state action' under 42 U.S.C. § 1983 because it does not compel such actions.
• Reeves v. Comm'r, Ala. Dep't of Corr.
  23 F.4th 1308· 11th Cir.· 2022-01-26 ·cited 4×
  The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding the inmate had standing and was likely to succeed on his ADA claim regarding a reasonable accommodation for his cognitive and reading disabilities in electing an execution method.
• Cooper, Jr. v. Fla. Dep't of Corr.
  2019 WL 5304078· M.D. Fla.· 2020-07-27 ·cited 4×
  The court held that the plaintiff failed to state a plausible claim against the FDOC, Corizon, the officers, and Warden Freeman due to insufficient factual allegations and lack of specificity.
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Doe v. Miami-Dade Cnty.
  797 F. Supp. 2d 1296· S.D. Fla.· 2011-05-23 ·cited 4×
  The court granted summary judgment for the County, finding no evidence that the County breached its hiring policies or acted with deliberate indifference, and thus no basis for the plaintiff's state law negligence or federal civil rights claims.
• City Nat'l Bank OF Fla. & Citivest Constr. Corp. v. City OF Tampa
  67 So. 3d 293· Fla. 2d DCA· 2011-04-06 ·cited 4×
  Property owners challenged a municipal decision denying their condominium project's certificate of appropriateness, alleging equal protection violations under 42 U.S.C. § 1983 based on disparate treatment compared to similarly situated properties. The circuit court dismissed the
• Laquarius Gray v. Bostic
  625 F.3d 692· 11th Cir.· 2010-10-26 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The district court did not abuse its discretion in awarding attorney's fees to the plaintiff who prevailed on a significant legal issue of first impression, even though only nominal damages were awarded. The plaintiff's success served an important public purpose by deterring futu
• DeRosa v. Rambosk
  732 F. Supp. 2d 1285· M.D. Fla.· 2010-08-11 ·cited 4×
  The court held that Deputy George was entitled to qualified immunity for the initial traffic stop and the subsequent arrests, as he had probable cause or arguable probable cause for the actions taken. The court also found that the plaintiffs' claims based on excessive force and u
• Kenny A. v. Sonny Perdue
  547 F.3d 1319· 11th Cir.· 2008-11-05 ·cited 4×
  The Eleventh Circuit denied rehearing en banc, affirming the district court's discretion to enhance attorney's fees in exceptional cases based on superior performance and results, provided specific evidence supports the enhancement. The court rejected arguments that existing prec
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Escobar v. Crosby
  363 F. Supp. 2d 1361· S.D. Fla.· 2005-03-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner must exhaust available administrative remedies before filing a federal civil rights suit, and failure to do so mandates dismissal.
• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Moody v. City OF KEY W.
  805 So. 2d 1018· Fla. 3d DCA· 2001-12-26 ·cited 4×·via 42 U.S.C. § 1983 Liability
  This case involves an appeal from a summary judgment granted in favor of the City of Key West and its police officers. The plaintiffs alleged violations of 42 U.S.C. § 1983 and common law torts, including unlawful entry, wrongful arrest, and excessive force. The appellate court a
• Owens v. City of Fort Lauderdale
  174 F. Supp. 2d 1282· S.D. Fla.· 2001-09-20 ·cited 4×
  The court granted summary judgment for the City, finding that the officers' actions in restraining the individual did not constitute excessive force as a matter of law and that the officers were acting under color of state law.
• Cramer v. Chiles
  33 F. Supp. 2d 1342· S.D. Fla.· 1999-01-08 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that state officials are not immune from suit under the Eleventh Amendment for prospective injunctive relief to enforce Medicaid law, and that certain Medicaid provisions create an enforceable private right of action under 42 U.S.C. § 1983.
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Smith v. City of Plantation
  19 F. Supp. 2d 1323· S.D. Fla.· 1998-08-11 ·cited 4×
  The court held that the plaintiff failed to establish a constitutional violation under 42 U.S.C. § 1983 and that Florida's Public Duty Doctrine and sovereign immunity barred the state law tort claims.
• Rowe v. City of Fort Lauderdale
  8 F. Supp. 2d 1369· S.D. Fla.· 1998-05-06 ·cited 4×
  The court granted most motions to dismiss, finding various claims barred by statutes of limitations, immunity doctrines, or failure to state a claim, while denying motions to strike punitive damages demands.
• Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty.
  959 F. Supp. 1481· M.D. Fla.· 1997-02-03 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that while a heightened pleading standard does not apply to § 1983 claims against local governments, it does apply to claims against individual officials in their individual capacities, and that the plaintiff failed to allege a clearly established constitutional ri
• Senior v. Cristobal Reyes
  677 So. 2d 1293· Fla. 4th DCA· 1996-06-19 ·cited 4×
  Garcia appealed the dismissal of a count alleging violation of familial association rights under 42 U.S.C. § 1983 after he was arrested and imprisoned for thirty months based on an entrapment scheme. The Fourth DCA affirmed the dismissal, holding that Florida recognizes no cause
• Johnson v. City of Fort Lauderdale
  903 F. Supp. 1520· S.D. Fla.· 1995-09-20 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The 1991 amendments to the Civil Rights Act did not preclude an aggrieved party from concurrently bringing an action under 42 U.S.C. § 1983 for a violation of their rights under 42 U.S.C. § 1981, and the Sea Clammers doctrine does not bar § 1983 claims for independent constitutio
• Rosado v. Curtis
  885 F. Supp. 1538· M.D. Fla.· 1995-02-27 ·cited 4×
  The court granted summary judgment for the defendants, finding no private right of action for certain federal criminal statutes, failure to state claims under various civil rights statutes and constitutional amendments, and that sovereign immunity and qualified immunity barred th
• Fletcher v. State
  858 F. Supp. 169· M.D. Fla.· 1994-07-01 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court granted defendants' motions to dismiss, finding that most claims failed to state a claim upon which relief could be granted or were barred by statute of limitations or immunity, while allowing leave to amend for some claims.
• Hy Kom Dev. Co. v. Manatee Cnty.
  837 F. Supp. 1182· M.D. Fla.· 1993-11-16 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the plaintiff had sufficiently alleged a property interest in its building permit to be accorded Section 1983 protection, and that genuine issues of material fact precluded summary judgment.
• Ward v. Hickey
  996 F.2d 448· 1st Cir.· 1993-06-15 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that a teacher waived her right to a jury determination on the notice issue by failing to request a special interrogatory, and that the district court erred in applying the interrelated claims doctrine to deny attorneys' fees.
• Taxpayers United FOR Assessment Cuts v. Austin
  994 F.2d 291· 6th Cir.· 1993-06-01 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that while a state creating an initiative procedure must adhere to constitutional limits, Michigan's specific procedures for verifying petition signatures did not violate the First or Fourteenth Amendments.
• Baker v. The Bd. OF Regents OF the State of Kan. & Univ. of Kan. Med. School-School of Med.
  991 F.2d 628· 10th Cir.· 1993-04-12 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the appellant's federal claims were barred by the two-year statute of limitations, and the trial court did not err in dismissing the state law contract claim.
• Leon v. Murphy
  988 F.2d 303· 2d Cir.· 1993-03-05 ·cited 4×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and that his conspiracy claims lacked sufficient factual support to withstand summary judgment.
• Isakson v. First Nat'l Bank
  985 F.2d 984· 8th Cir.· 1993-02-16 ·cited 4×
  The court held that the district court did not err in dismissing the § 1983 complaint and imposing sanctions, as the appellants failed to state a claim and the judges were entitled to judicial immunity.
• O'Connor v. Chicago Transit Auth.
  985 F.2d 1362· 7th Cir.· 1993-02-12 ·cited 4×
  The court held that while the district court erred in applying qualified immunity, summary judgment for the defendants is affirmed on alternative grounds because the plaintiff failed to establish that his protected speech was a substantial or motivating factor in his suspension a
• Ronny J. Sanders v. Sears
  984 F.2d 972· 8th Cir.· 1993-02-02 ·cited 4×
  The court held that collateral estoppel did not bar Sanders' § 1983 claim because the issue of probable cause for arrest was not litigated in the state criminal trial, but affirmed dismissal of the § 1983 claim against Sears and Geiger on other grounds, while vacating dismissal o
• Diaz v. Shallbetter
  984 F.2d 850· 7th Cir.· 1993-01-28 ·cited 4×
  The court held that the amended version of Fed.R.Civ.P. 15(c) should be applied retroactively to cases pending on appeal, as indicated by the Supreme Court's order.
• Bonita H. Regan v. Boogertman
  984 F.2d 577· 2d Cir.· 1993-01-26 ·cited 4×
  A public employee in a policymaking position can be dismissed based on political affiliation, as partisan loyalty is an appropriate consideration for effective job performance.
• Hawkins v. Risley
  984 F.2d 321· 9th Cir.· 1993-01-25 ·cited 4×·via 42 U.S.C. § 1983 Action
  A prior federal habeas corpus decision can have preclusive effect in a subsequent 42 U.S.C. § 1983 action.
• Kane v. P.K. Hargis
  987 F.2d 1005· 4th Cir.· 1993-01-14 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
• Adkins v. Bd. OF Educ. OF Magoffin Cnty.
  982 F.2d 952· 6th Cir.· 1993-01-05 ·cited 4×
  The court held that the superintendent's refusal to recommend plaintiff for continued employment based on her marriage violated her First Amendment right to association, and the directed verdict was error. However, the school board was immune from suit.
• Yeager v. City of McGREGOR
  980 F.2d 337· 5th Cir.· 1993-01-05 ·cited 4×
  The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
• Gentry Slone v. Herman
  983 F.2d 107· 8th Cir.· 1993-01-04 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that prison officials are not entitled to qualified immunity when they refuse to obey a final and nonappealable court order to release a prisoner, as this violates a clearly established liberty interest.
• Carter v. Thompson
  808 F. Supp. 1548· M.D. Fla.· 1992-12-16 ·cited 4×
  Summary judgment is granted for defendants on most claims, but denied on the claim that the plaintiff was denied a form to appeal his disciplinary confinement sentence, as a genuine issue of material fact exists.
• Angarita v. ST. Louis Cnty.
  981 F.2d 1537· 8th Cir.· 1992-12-09 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was sufficient to support the jury's finding that the appellees' resignations were involuntarily extracted, thus overcoming the presumption of voluntariness, and that sufficient evidence existed to hold Kleinknecht and St. Louis County liable unde
• Watson v. Jones
  980 F.2d 1165· 8th Cir.· 1992-12-01 ·cited 4×
  The court held that a material factual dispute existed regarding whether the defendant correctional officer subjected the plaintiffs to sexually harassing and physically intrusive pat-down searches.
• Tex. Catastrophe Prop. Ins. Ass'n v. Morales
  975 F.2d 1178· 5th Cir.· 1992-10-28 ·cited 4×
  The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
• Pedro-Cos v. Blas Contreras
  976 F.2d 83· 1st Cir.· 1992-09-30 ·cited 4×
  The court held that a plaintiff who has not resigned from employment cannot establish a claim for constructive discharge, even if the transfer was politically motivated and onerous.